Michael Zothankhuma, J.

1. Heard Mr. D. Das, learned senior counsel assisted by Mr. S. Khound, learned counsel for the petitioner and Mr. B. Goswami, Standing Counsel, Water Resources Department, Govt. of Assam for the official respondents. Also heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. R. Dubey, learned counsel for the respondent No. 5.

2. The petitioner's case relates to Package No. ASWR/RNG/2014/11 whereby tenders were invited in connection with the flood management of river Ranganadi along with river training work on both embankments in Lakhimpur district. It may be stated here that Package No. 11 mentioned above is a part of 12 packages for flood management of river Ranganadi. The estimated cost of the Package No. 11 was Rs. 90,04,51,808/-.

3. Mr. D. Das, learned senior counsel for the petitioner submits that the tender process was a two bid system i.e. it consisted of the technical bid and the financial bid. The case in brief relates to Clause 4.4, 4.5 and 31 of the Instruction to Bidders (for short, hereinafter referred to as 'ITB'). Whether Clause 4.5 can be relaxed in case of the petitioner? Whether the respondent No. 5 fulfills Clause 4.4 and whether t

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